5 min read time
Table of Contents
What Is a Wrongful Death Lawsuit
A wrongful death lawsuit is a civil lawsuit that is filed by surviving family members, such as a surviving spouse, in which they claim that the death of their loved one was caused by someone else's negligence, reckless or intentional actions.
Family members filing a wrongful death claim seek to obtain financial compensation for losses suffered because of the death of a family member and hold the liable party responsible for their actions.
In Nevada, wrongful death claims are outlined under NRS 41.085, which explains the Nevada wrongful death laws and covers information such as who may file a wrongful death claim and what damages a person could recover.
Who Can File a Wrongful Death Claim in Nevada
Under Nevada law NRS 41.085, parties that can file a wrongful death lawsuit on behalf of a deceased person are:
- Spouse or domestic partner of the deceased
- Parents of the deceased
- Children of the deceased
- Heirs of personal representative of the deceased
We recommend that before you file a wrongful death claim, you consult with a Las Vegas wrongful death attorney from our law firm.
What Are the Damages for Wrongful Death in Nevada?
In wrongful death cases, numerous damages can be sought and obtained.
These damages typically fall into two categories: compensatory damages and punitive damages.
Compensatory Damages
These forms of damages are meant to compensate the family for the financial and emotional damages caused by the death of a family member.
Compensatory damages recoverable in a wrongful death claim usually include non-economic and economic damages which contain:
- Medical Bills: Any medical expenses the deceased person incurred before their death can be sought for in a claim.
- Funeral Costs: A wrongful death suit can cover the costs of reasonable funeral and burial expenses.
- Loss of Financial Support: Financial backing and lost wages the family loses because of the death of a loved one can be compensated for.
- Loss of Benefits: Compensation for the services, benefits, and inheritance the deceased person provided for can be sought after.
- Loss of Companionship: The loss of care and affection the person's death caused can be compensated for.
- Emotional Distress: The Surviving family can recover damages for any grief, sorrow, or mental anguish they suffered.
Punitive Damages
Punitive damages cannot be sought in wrongful death claims but are instead awarded by the court if the defendant's actions were considered to be reckless or malicious.
These damages are meant to punish the at-fault party for their actions and deter similar behavior.
How Does a Wrongful Death Settlement Work?
The process of wrongful death suits in Nevada is relativity straightforward, with the goal of compensating the surviving family members for the losses sustained due to the death of a loved one.
Below, we cover the steps of a Nevada wrongful death lawsuit and information surrounding each of them.
Filing a Wrongful Death Claim
The start of a wrongful death case begins with the deceased's spouse, domestic partner, child, parent, or personal representatives of the deceased's estate contacting a Nevada wrongful death attorney and filing a lawsuit.
Settlement Negotiations
Like most personal injury cases, a wrongful death case can be resolved through negotiation rather than going to trial.
Negotiations are typically handled by the experienced wrongful death attorney the family chooses to represent them and are conducted with the defendant's insurance company or legal representation.
The attorney will utilize evidence during the negotiations to establish liability and obtain the compensation the family or estate is entitled to.
Arbitration or Trial (If Negotiations Fail)
If a fair settlement is not reached in negotiations, the attorney representing the family may use arbitration or take their case to court to resolve the dispute.
The process of arbitration includes:
- Having an arbitrator make a decision based on the evidence presented.
If arbitration fails, the only path to compensation may be taking the wrongful death case to trial, which includes:
- Both parties present their evidence before a judge or jury and await a decision.
Trail offers the possibility of a higher settlement amount when compared with negotiations; however, going to court involves increased attorney fees, a longer case timeline, and court fees.
Approval of Settlement
Once a settlement is reached, whether, through court or negotiations, both parties will sign a settlement agreement form that releases the wrongdoer from any further legal action and provides the family or estate with the compensation to which they were entitled.
Who Gets the Money in a Wrongful Death Lawsuit
In Nevada, NRS 41.085 outlines which parties can receive compensation following wrongful death lawsuits.
These parties include:
- Surviving Spouse or domestic partner
- Surviving children, either biological or adopted
- Parents
- Deceased's estate
It's important to understand that a close friend or unmarried significant other is typically excluded from receiving compensation from a wrongful death civil suit.
How to Calculate Wrongful Death Damages
In order to calculate wrongful death damages, you must total both the economic and non-economic damages involved in the wrongful death case.
To understand the value of the damages in your case, contacting an experienced lawyer is highly recommended.
Nevada Wrongful Death Statute of Limitations
According to NRS 11.190(4)(e), the statute of limitations for a wrongful death claim in Nevada is two years from the date of the victim's death.
Failure to abide by this two-year time limit could result in the family or estate of the deceased being barred from obtaining monetary damages from the defendant.
What Are Wrongful Death Lawsuit Examples
Under Nevada law, a wrongful death lawsuit arises when a person's death is the result of someone else's negligence, recklessness, or intentional actions.
Common examples of a wrongful death claim include:
- Fatal car accidents caused by negligence
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal actions such as robbery or murder
Talk with a Las Vegas Personal Injury Attorney Today
If you seek to have a successful Nevada wrongful death lawsuit, it's highly recommended that you contact the Nevada wrongful death attorneys at The Rodney Okano Car Accident Lawyer Law Firm.
With over 20+ years of experience, our attorneys understand the ins and outs of Nevada wrongful death laws and have the skills to obtain the compensation you and your family are entitled to.
Schedule a free consultation with one of our wrongful death lawyers today by calling (702) 566-3600.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
